Returning to UK after deception

[Ebo]

Hi all,

My wife's spouse visa application (leave to remain NOT enter) was refused last year due to being accused of using deception to obtain sufficient ETS exam results.

We appealed this decision once and it has been dismissed. The judge even dismissed my Human Rights/Article 8 and expected I should also go back to Nepal and start life there with my wife! I have lived in the UK all my life.

I feel the judge's decision is very harsh and we have the option to appeal his decision. However we are thinking that she should go back home and make a fresh application instead.

1. What are the chances of her fresh application being refused under 320(11)?
2. Would this deception be classed as 'aggravating circumstances'? When looking at the list of aggravating circumstances on the UKVI website I fail to find an example that fits her case. To be honest all the examples seem so much more serious.
3. Would you recommend to appeal again or submit a fresh out-of-country applciation?Appeals seem to take forever and this last one took 1 year due to postponements by the Tribunal

Some key points:
- In her 5 years in the UK, she has never overstayed or breached any other immigration laws and has always worked within the allowed hours.
- I have lived in the UK all my life and am a British Citizen.
- She is still in the UK and all appeals so far have been in-country appeals.
- Deception was (acc)used for a leave to remain application and not for entry clearance.

Any help and guidance is much appreciated.

[CR001]

It makes no difference for what application 'deception' was used. It is what it is and if she did use deception, she can't explain her way out of it.

You could try the Surinder Sighn (google it) route via another EU country for 6-12 months and then return under the EU directive with EEA Family Member.

[Ebo]

Thank you CR001 for your prompt response.

Although we would like to appeal this decision, she has to return home for urgent reason. If her application is refused from abroad and we appeal, can we still argue against the harsh probabilistic decisions made on the first appeal?

Again, any help is always appreciated.

[immigrant786]

Hi Ebo

When was the ETS Certificate submitted with previous application?

[vinny]

Did she use deception?